Provincial-Level Expert Confirmation Guide

The Provincial-Level Expert Confirmation procedure is a key process. It ensures the competence, expertise, and credibility of recognized individuals. Through this confirmation, provincial authorities assess an expert’s qualifications. This facilitates their participation in legal projects, research, and professional activities. This article analyzes the legal and practical requirements for this process.

Competent Authority for Expert Confirmation

Joint Circular 12/2010/TTLT-BKHĐT-BTC does not specify which authority in the state management hierarchy has this competence.

Currently, the Provincial-Level Expert Confirmation procedure is handled by local authorities, although it is an administrative procedure not assigned to them by law. In practice, the Governing Body of ODA projects is responsible for reviewing and confirming experts according to the prescribed form. This creates an inconsistency between legal regulations and practical implementation.

Required Dossier Components

According to Clause 1, Article 3 of Joint Circular 12/2010/TTLT-BKHĐT-BTC, the dossier you need to prepare includes the following documents:

• An official request letter for expert confirmation.
• A commitment letter of non-Vietnamese citizenship from the expert.
• A certified copy of the expert’s passport and those of their family members, including the page with the Vietnam entry visa (if any) and pages with entry/exit stamps.
• The original or a certified copy of the following documents:
  • Decision approving the results of consultant bidding (for individuals or groups of experts).
  • Bidding documents approved by the competent authority (including the consultant list).
• Written approval from the Vietnamese and foreign parties in case of changes or additions to the expert list in the approved bidding documents.
• A copy of the expert’s consulting contract (individual or group) signed with the contractor, the competent Vietnamese authority, or the foreign party.

Note: Within 30 working days from the effective date of the expert’s contract, the Project Owner must submit the dossier to the Governing Body.

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Procedure for Provincial-Level Expert Confirmation

The current procedure for Provincial-Level Expert Confirmation follows a specific process to ensure transparency, accuracy, and legal compliance. It begins with the individual or organization preparing and submitting a complete dossier to the provincial authority for appraisal and an official confirmation decision.

Dossier Submission Methods

The dossier for Provincial-Level Expert Confirmation can be submitted through the following methods:

• In-person submission at the Public Administration Service Center is preferred for its convenience and speed. This allows for direct communication with the receiving official about the dossier’s completeness and validity.
• Postal service is a suitable alternative for Project Owners located far from the center. Dossiers sent by post should be packaged carefully using a tracked delivery service.

Implementation Steps

According to Clause 2, Article 3 of Joint Circular 12/2010/TTLT-BKHĐT-BTC, the procedure is carried out as follows:

Step 1: Dossier Preparation Prepare a complete dossier according to regulations and submit it to the Governing Body.

Step 2: Dossier Appraisal Within 15 working days of receiving a complete and valid dossier, the Governing Body will confirm the expert status using Form No. 1 attached to Joint Circular 12/2010/TTLT-BKHĐT-BTC (with an overlapping seal) and send 08 original copies to the Project Owner.

Step 3: Notification to Tax Authority Before the expert’s status is confirmed, the Project Owner or contractor (depending on who signed the contract with the expert) must notify the local tax authority of the experts who are eligible for Personal Income Tax exemption when a tax liability arises.

>>> See more: Form No. 1 – Joint Circular No. 12/2010/TTLT-BKHĐT-BTC

Fees for Provincial-Level Expert Confirmation

The Provincial-Level Expert Confirmation procedure is free of charge under current Vietnamese law. The administrative fee is set at 0 VND for both in-person and postal submissions. This regulation aims to facilitate ODA and non-refundable aid projects that serve socio-economic development.

However, the Project Owner is responsible for costs incurred during dossier preparation, such as for certification, translation, and photocopying. These are supporting service costs, not administrative fees. If submitting by post, the Project Owner bears the shipping costs.

Services at Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive support for the Provincial-Level Expert Confirmation procedure. Our team of experienced legal experts will guide you in preparing a complete and accurate dossier. Our services include advising on legal requirements, assisting with document drafting, and monitoring the application process.

The professional support and consulting services provided by Long Phan Consulting Company include:

Strategic and Procedural Consulting

• Provide guidance on a scientific procedural approach to shorten time, optimize steps, and increase the success rate of the dossier.
• Analyze client needs to offer flexible service packages with transparent costs, from basic consultation to comprehensive support.
• Draft and complete the dossier for investment policy approval and project approval according to standards, based on experience with complex cases.

Dossier Management and Preparation

• Assist in preparing all necessary documents, official letters, explanations, and other related legal procedures throughout the project.
• Check and cross-reference information to ensure the consistency and accuracy of the entire dossier before submission.
• Act on behalf of the Project Owner to submit the dossier, monitor the process, and work directly with state agencies to advance the application.

Representation and Follow-up

• Proactively monitor the dossier’s status, respond to any requests for additional information, and provide regular updates to the client.
• Represent the client to receive the results and provide post-approval support to resolve any subsequent issues.
• Ensure all matters are handled until the project is fully approved.

Frequently Asked Questions

Below are common questions about the Provincial-Level Expert Confirmation procedure.

Which agency is competent to handle the confirmation procedure for experts on ODA projects?

Current law does not specify the competent authority. In practice, the Governing Body of the ODA program or project is responsible for reviewing and confirming the expert’s status. Legal Basis: Joint Circular 12/2010/TTLT-BKHĐT-BTC.

What are the main documents required for the expert confirmation dossier?

The main documents include an official request letter, a commitment of non-Vietnamese citizenship, a copy of the passport, the decision approving bidding results, and a copy of the expert’s consulting contract. Legal Basis: Clause 1, Article 3, Joint Circular 12/2010/TTLT-BKHĐT-BTC.

What is the deadline for the Project Owner to submit the expert confirmation dossier?

The Project Owner must submit the dossier to the Governing Body within 30 working days from the effective date of the expert’s contract. Legal Basis: Clause 1, Article 3, Joint Circular 12/2010/TTLT-BKHĐT-BTC.

How long does it take for the Governing Body to appraise the dossier and issue the confirmation?

The Governing Body will confirm the expert’s status and send the results to the Project Owner within 15 working days of receiving a complete and valid dossier. Legal Basis: Clause 2, Article 3, Joint Circular 12/2010/TTLT-BKHĐT-BTC.

Conclusion

The Provincial-Level Expert Confirmation procedure requires a deep understanding of legal regulations and practical experience in dossier preparation. You must strictly adhere to the process and deadlines to ensure success. Choosing a professional consulting firm like Long Phan Consulting Company will help optimize time and increase the efficiency of the procedure. For detailed support, please contact our hotline: 1900636389.